While the common perception is that a prenuptial agreement or postnuptial agreement is simply a method of “planning for divorce,” the reality is that there are several important divorce-related and non-divorce-related reasons to enter into a pre- or post-marital agreement. There is some evidence to suggest that postnuptial agreements are becoming increasingly popular in Texas, with couples using them for everything from providing for their children to establishing the parameters for a trial separation.

If you are a business owner going through a divorce, understanding your rights with regard to keeping your business will be a critical aspect of the process. Your rights will depend on a number of different factors and regardless of the default rules that apply, you may still have options for negotiating sole ownership if your spouse would otherwise be entitled to a stake in the company. In this article, we provide an overview of some of the key issues that come into play. For a thorough evaluation of your individual circumstances, we encourage you to schedule a free consultation.